As used in this chapter, the following terms and phrases shall
have the meanings ascribed to them in this section:
means any self-service or coin-operated box, container, storage
unit or other dispenser, installed, used or maintained for the display
and sale of newspapers or news periodicals.
means that area between the sidewalks and the curb of any
street, and where there is no sidewalk, that area between the edge
of the roadway and the property line adjacent thereto. Parkway also
includes any area within a roadway which is not open to vehicular
travel.
means that portion of a street improved, designed and ordinarily
used for vehicular travel.
means any surface provided for the exclusive use of pedestrians.
means that area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways,
alleys and sidewalks.
(76-5)
No person shall install or maintain any newsrack which rests
upon or projects onto the roadway of any public street.
No person shall install, use or maintain any newsrack which
in whole or in part rests upon, in or over any public sidewalk or
parkway, when such installation, use or maintenance endangers the
safety of persons or property, or when such site or location is used
for public use, or when such newsrack unreasonably interferes with
or impedes the flow of pedestrian or vehicular traffic, including
any legally parked or stopped vehicle, the ingress into or egress
from any residence or place of business, or the use of poles, posts,
traffic signs or signals, hydrants, mailboxes or other objects permitted
at or near such location, or when such newsrack interferes with the
cleaning of any sidewalk by the use of mechanical sidewalk cleaning
machinery. The Public Works Director shall be required to assure that
no newsrack violates these prohibitions.
(76-5)
A.
Any
newsrack which in whole or in part rests upon, in or over any public
sidewalk or parkway in the village area as shown on the map attached
to Ordinance 76-5, on file in the City Clerk's office, shall comply
with the following provisions:
1.
No
newsrack shall be chained, bolted or otherwise attached to any property
not owned by the owner of the newsrack, or to any permanently fixed
object.
2.
No
newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspaper or news periodical sold therein.
3.
Each
newsrack shall be maintained in a clean, neat and attractive condition
and in good repair at all times.
B.
The
design, style, location and method of installation of all newsracks
in such area must be in accordance with standards on file in the office
of the Director of Public Works.
(76-5)
A.
No
more than eight newsracks shall be located on any public right-of-way
within a space of two hundred feet in any direction within the same
block of the same street; provided, however, that no more than sixteen
newsracks shall be allowed on any one block. As used herein, "block"
means one side of a street between two consecutive intersecting streets.
This shall not limit the utilization of an individual newsrack in
connection with a publication or distribution office within the City
limits, such design, location and installation subject to approval
by the Director of Public Works.
B.
In
determining which newsracks shall be permitted, the Director of Public
Works shall be guided solely by the following criteria:
1.
First
priority shall be given to those newsracks existing on the public
sidewalk or parkway as of February 10, 1976, except that racks will
be limited to one per publication per location;
2.
Second
priority shall be given newsracks used for the sale of publications
which have been adjudicated to be newspapers of general circulation
for Los Angeles County, pursuant to the procedures set forth in Division
7, Article 2 of the State Government Code;
3.
Third
priority shall be given to newsracks used for the sale of daily publications
(those published on five or more days in a calendar week) which have
not been adjudicated to be newspapers of general circulation for Los
Angeles County;
4.
Fourth
priority shall be given to newsracks used for the sale of weekly publications
(those published on at least one but less than five days in a calendar
week) which have not been adjudicated to be newspapers of a general
circulation for Los Angeles County;
5.
Fifth
priority shall be given to newsracks for which the newspaper publisher
demonstrates to the Director of Public Works that there is insufficient
capacity in one newsrack at a particular location and a second rack
is necessary.
(76-5)
Within thirty days after May 6, 1976, any person or other entity
shall obtain an encroachment permit from the public works department
for any newsrack installed on any public right-of-way of the City.
Such permit shall contain the name, address and telephone number of
the person or entity responsible for the maintenance of the newsrack.
(76-5)
Every person or custodian who places or maintains a newsrack
on a public sidewalk or parkway in the City shall file a written statement
with the City Clerk satisfactory to the City Attorney, whereby he
or she agrees to indemnify and hold harmless the City, its officers,
directors or employees from any loss or liability or damages, including
expenses and costs, for bodily or personal injury and property damage
sustained by any person as a result of the installation, use, maintenance,
removal or storage of such a machine within the City.
(76-5)
In the event any newsrack installed pursuant to this chapter is not serviced with the publication it is designed to disseminate for a period of fourteen days, the City reserves the right to remove the same pursuant to the procedure set out in Section 12.28.090. For purposes of this section, abandonment shall include, but is not limited to, circumstances where no publication is in the rack for a period of fourteen days.
(76-5)
The Director of Public Works shall not be required to remove or cause the removal of any existing newsrack from a public sidewalk or parkway by reason of the failure of the owner to comply with the provisions of Section 12.28.030 until thirty days from the effective date of the ordinance codified in this chapter have first elapsed. The Director of Public Works is directed to send written notice as soon hereafter as practicable to the owners, occupiers and users of all existing news racks located on a public sidewalk or parkway in the City of the content of this chapter.
(76-5)
A.
Any
newsrack installed, used or maintained in violation of the provisions
of this chapter may be summarily removed and stored in any convenient
place by the Director of Public Works or his or her designated representative.
Prior to removal he or she shall take reasonable steps to notify the
owner thereof. Upon failure of the owner, following notice, to claim
such newsrack and pay the expenses of removal and storage within thirty
days after such removal, such newsrack shall be deemed to be unclaimed
property in possession of the Public Works Department and may be disposed
of pursuant to law.
B.
In the case of violations of this chapter relative to restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack, to fixed objects or each other, and upon location of newsracks, the Director of Public Works or his or her designated representative may, as an alternative to removal under subsection A of this section, remove such attachment and/or move such rack or racks in order to restore them to a legal condition.
(76-5)
